Sunday, October 18, 2009

Madison Nguyen and Brown Act

The California Court of Appeal last week upheld the jugdement against the gag order requested by the City of San Jose on the Brown Act violation by Madison Nguyen in the naming of Little Saigon.

A little more than a year ago, The Vietnamese-American Community of Northern California (VACNORCAL) brougth the lawsuit against Nguyen and city for violating the Brown Act. Nguyen is accused of conspiring with a majority of city councilmembers behind close door before the council open vote on the naming of a 4 block street Little Saigon (In this case against Little Saigon).

The city had requested a gag order asking to not have any discussion of the ongoing lawsuit to be in the public domain, including factual information about the lawsuit available to the public under the law. VACNORCAL's argument against the gag order is violation of First Amendment. The presiding superior court judge, Kevin Murphy, rejected the request and granted the VACNORCAL and the press to report the progress of the lawsuit as well as the release of the deposition tape interviewing Madison Nguyen, Forrest Williams, Nora Campos, etc...

The trial date is set for Dec 14, 2009. The judge also has requested additional information from both parties for a possible summary judgement before trial.

The outcome of the lawsuit of is unknown but considered the fact that the community is poor and lacking resources to take on the unlimited resources of city government well funded with tax payer money, this will be an interesting case to keep an eye on.

The Brown Act is the corner stone of California government to prevent elected officials to conspire against the public before an open vote. It is the law designed to uphold the integrity and transparency of elected officials.